Karnataka High Court
Syed Khusro Waliullah Hussaini vs The State Of Karnataka on 2 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:7388
WP No. 203294 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 203294 OF 2025 (GM-POLICE)
BETWEEN:
SYED KHUSRO WALIULLAH HUSSAINI,
S/O SYED AHMED HUSSAINI,
AGED ABOUT 48 YEARS,
OCC: AGRI AND SOCIAL WORK,
R/O. NO.3/83, NEAR DARGA,
POST: GULSARAM,
TQ. WADGERA,
DIST. YADGIR- 585202.
...PETITIONER
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
Digitally signed AND:
by SACHIN
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF HOME DEPARTMENT, ROOM NO 222,
KARNATAKA
II FLOOR VIDHANA SOUDHA,
BENGALURU- 560001,
REPRESENTED BY ADDL. CHIEF SECRETARY.
2. THE SUPERINTENDENT OF POLICE,
YADGIR, DIST. YADGIR- 585201.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
YADGIR SUB DIVISION, YADGIR,
DIST. YADGIR- 585201.
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NC: 2025:KHC-K:7388
WP No. 203294 of 2025
HC-KAR
4. THE CIRCLE INSPECTOR OF POLICE,
YADGIR CIRCLE, YADGIR,
DIST. YADGIR- 585201.
5. THE POLICE SUB-INSPECTOR,
WADGERA POLICE STATION,
TQ. WADGERA,
DIST. YADGIR- 585202.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI AND MANDAMUS AND GRANT
ANY OTHER APPROPRIATE WRIT IN THE FOLLOWING TERMS:
A) QUASH THE IMPUGNED ORDER DATED 10.12.2022 BEARING
NO.29 ROWDY-SHEET/YSD/2022/1246 ISSUED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-D. B) ALTERNATIVELY
DIRECT THE RESPONDENTS NO.2 TO 5 TO CONSIDER THE
REPRESENTATION DATED 27.05.2025 SUBMITTED BY THE
PETITIONER VIDE ANNEXURE-E. C) DIRECT THE
RESPONDENTS TO PAY THE COST OF THIS WRIT PETITION
AND COMPENSATION FOR CAUSING MENTAL HARASSMENT TO
THE PETITIONER. D) ANY OTHER WRIT OR DIRECTION IN THE
NATURE OF WRIT WHICH THIS HON'BLE COURT DEEMS FIT TO
GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE MAY
KINDLY BE GRANTED IN FAVOUR OF THE PETITIONER IN THE
ENDS OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC-K:7388
WP No. 203294 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) Petitioner is before this Court seeking following relief's :-
a) Quash the impugned order dated 10.12.2022 bearing No.20/Rowdy-sheet/YSD/2022/1246 issued by the respondent No.3 vide Annexure-D.
b) Alternatively direct the respondents Nos.2 to 5 to consider the representation dated 27.05.2025 submitted by the petitioner vide Annexure-E.
c) Direct the respondents to pay the cost of this writ petition and compensation for causing mental harassment to the petitioner.
d) Any other writ or direction in the nature of writ which this Hon'ble Court deems fit to grant in the facts and circumstances of the case may kindly be granted in favour of the petitioner in the ends of justice and equity.
2. The case of the petitioner is that he is a permanent resident of Gulsaram Village, Wadgera Taluk, Yadgir District and being an engineer by profession, hails from a reputed saintly family. His father was a hereditary mutavalli and Sajjadanasheen of Darga's namely "Darga Hazarat Syed Jalaluddin Hussaini" situated in Gulsaram -4- NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR Village. He is married and having his family consisting of his wife and children, leading a responsible and dignified life. That he is rendering social services, fighting for the good cause of the deserving and also protecting the properties belonging to waqf institutions. He is also conducting litigations with respect to the property attached to the aforesaid Darga before this Court and other forums.
3. Some person's with vested interest and being inimically disposed of against the petitioner with an intention of preventing him from taking up the cause, initiated a criminal proceeding in C.C.No.2866/2022 on the file of Civil Judge and JMFC, Shahapur. The petitioner had approached this Court by filing a Crl.P.No.201472/2024. The said petition was allowed and said criminal proceedings were quashed.
4. Subsequently, respondent No.5-Police Sub- Inspector had requested respondent No.4 to enter the name of the petitioner in a rowdy sheet to keep a watch on the petitioner, alleging that he was involved in several -5- NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR criminal activities and there being apprehension of he breaching public peace and tranquility. Respondent No.4 acting upon the request of respondent No.5 forwarded the same to respondent No.3 for necessary action, who in turn passed the impugned order purportedly in excise of provisions of Order 1059 of the Karnataka Police Manual permitting to open the rowdy sheet of the petitioner on 10.12.2022. That there was no enquiry or the material perused or relied upon while opening the rowdy sheet which is intended to act. A representation was given by petitioner on 27.05.2025 requesting to drop his name from the list of rowdies which has not been considered. Hence, the petition.
5. Learned counsel for the petitioner reiterating the grounds urged in the writ petition also relies upon the order dated 22.04.2022 passed by the Co-ordinate Bench of this Court in batch of writ petitions in W.P.No.4504/2021 and connected matters concerning the opening of a rowdy sheet. He submits that the -6- NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR respondent-authorities are required to strictly comply with the Order 1059 of the Police Manual, which specifically laid down the manner, method and procedure for the purpose of opening, maintaining and revising the rowdy sheet. He submits that, except opening of rowdy sheet as per Annexure-D by cryptic order, no further compliance is emanative from the records. Hence, seeks for allowing of the petition.
6. Learned Additional Government Advocate appearing for the respondent-authorities on a query by this Court submits that except document at Annexure-D which is order dated 10.12.2022, a permission that is issued by the Deputy Superintendent of Police, there is no other material available. Therefore, he submits the representation given by petitioner as per Annexure-E would be considered in accordance with law.
7. Heard. Perused the records.
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8. It is a settled position of law that right to life and liberty of a person guaranteed under the constitution can be curtailed only by imposing reasonable restriction traceable to the provisions of law. Same cannot be at the whims and fancies of the law enforcing agencies. To open a rowdy sheet, detail procedural mechanism is provided under the Police Manual.
9. The Co-ordinate Bench of this Court in the case of Sri B.S. Prakash vs. State of Karnataka and others in W.P.No.4504/2021 dated 22.04.2022 dealing with the subject and adverting to the procedure prescribed for the purpose of opening of the history sheet and rowdy sheet, adverting to various judicial pronouncement in the matter, at page 32 of para (v) has encapsulated the applicable provision which are extracted hereunder:
""1059(1) a rowdy may be defined as a goonda and includes a hooligan, tough, vagabond, or any other person who is dangerous to the public peace and tranquility. 2) The main forms of rowdyism are :- (a) passing indecent remarks at women and Schools and College Girls; (b) Intimidation of Law abiding people by acts of violence or by show of force or by abusive language; (c) Forcible collection of subscription; (d) -8- NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR Taking sides in petty quarrels between landlords and tenants or between cotenants and threatening people of the opposite party; (e) Disorderly conduct; (f) Rioting;
(g) Snatching and Committing robbery."
Chapter XXI, Part VI, of the Police Manual provides for 'History Sheets' and 'Register of Rowdies'; certain provisions are made common to both. Illustratively, Order 1057 states that History Sheets can only be opened for a period of two years and extension can take plea upon the order of Superior Police officer. Clause (3) of 1057 applies the same to 'rowdy sheets' as well. Further, definition of a rowdy implies any person dangerous to public peace & tranquility. For example, eve teasers, people who collected money, persons indulging in rioting, goondas, bootleggers, and land grabbers would all come under the definition of 'rowdy'. To keep a watch on such persons a 'register of rowdies' is maintained in every Police Station. For entering of names in the rowdy register order of the Superintendent of Police/Sub Divisional Police office is required.
(vi) In every Police Station, as a matter of statutory policy 'Registrer of Rowdies' has to be maintained in three parts, viz, Part A containing names of persons who are residing in the jurisdictional limits of the Police Station or Locals who are confirmed rowdies; Part B containing names of confirmed rowdies whose activities occur in a Police Station but are resident in the jurisdiction of other Police Stations or non-locals who are confirmed rowdies; Part Containing names of novices or persons who have started coming to notice or are budding rowdies. Order 1059(12) provides that the name of a person figuring in Part C would be struck off if no adverse conduct on his part is noticed for a period one years, reckoned from the date of entry. For removal of names from Part A or B, the orders of Superintendent of Police are required. Further, Order 1059(15) provides the manner in which a 'rowdy' may be dealt with, i.e., prosecution, externment proceedings, or the like."
10. Clearly the aforesaid provisions would indicate that even if history sheet or the rowdy sheet as the case -9- NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR may be is to be opened by the officer, the same is require to be reviewed periodically and if the conduct of the party found to be satisfactory, his names requires to be struck off.
11. In the instant case, very opening of the rowdy sheet in the name of the petitioner is based on an order dated 10.12.2022, by which the Deputy Commissioner of Police has permitted the Inspector of Police, Yadgiri to open a rowdy sheet which reads as under :
"¥Éǰøï G¥À-C¢üÃPÀPë g À ÀÄ, AiÀiÁzÀVj G¥À-«¨sÁUÀ AiÀiÁzÀVj gÀªg À À £Àqª À ½ À UÀ¼ÀÄ:
«µÀAiÀÄ:- ²æà ¸ÉÊAiÀÄzÀ RĸÉÆÃæ ªÀ°ªÀůÁè ºÀĸÉä vÀAzÉ ¸ÉÊAiÀÄzÀ CºÀäzÀ ºÀĸÉãÀ ¸ÁB UÀÄ®¸ÀgA À vÁB ªÀqU À ÃÉ gÁ f AiÀiÁzÀVj EvÀ£À «gÀÄzÀÞ "¹" gËr ²Ãl vÉgA ÀÉ iÀÄĪÀ PÀÄjvÀÄ.
G¯ÉÃè R:- 1] DgÀPPÀë À G¥À-¤jÃPÀPë g À ÀÄ, ªÀqU À ÃÉ gÁ ¥Éǰøï oÁtÉ EªÀgÀ ªÀg¢ À ¸ÀA.gËr²Ãl/¥Àgª À Á¤UÀ/É 2022 ¢£ÁAPÀ 08/12/2022. 2] DgÀPPÀë À ªÀÈvÀÛ ¤jÃPÀPë g À ÀÄ AiÀiÁzÀVj ªÀÈvÀÛ gÀªg À À PÁAiÀiÁð®AiÀÄzÀ ¥ÀvÀæ ¸ÀA.377/AiÀiÁ.ªÀÈvÀ/Û 2022 ¢£ÁAPÀ:-09/12/2022. ¦pÃPÉ:
DgÀPPÀë À G¥À-¤jÃPÀPë g À ÀÄ, ªÀqÀUÃÉ gÁ ¥Éǰøï oÁuÉgª À gÀ ÀÄ, ²æà ¸ÉÊAiÀÄzÀ RĸÉÆÃæ ªÀ°ªÀůÁè ºÀĸÉä vÀAzÉ ¸ÉÊAiÀÄzÀ CºÀäzÀ ºÀĸÉãÀ ªÀAiÀiÁ:46 ªÀµð À eÁ: ªÀÄĹèA ¸ÁB UÀÄ®¸ÀgA À vÁB ªÀqU À ÃÉ gÁ fB AiÀiÁzÀVj FvÀ£ÄÀ ªÀqU À ÃÉ gÁ ¥Éưøï oÁuÉAiÀÄ ¦.J.Dgï £ÀA.10/2021 PÀ®A 107 ¹Dgï.¦.¹., ¦.J.Dgï. £ÀA.48/2021 PÀ®A 107 ¹Dgï.¦.¹., ¦.J.Dgï. £ÀA.28/2022 PÀ®A 107 ¹Dgï.¦.¹., UÀÄ£Éß £ÀA.93/2022 PÀ®A 504, 341, 323, 506 ¸ÀA. 34 L¦¹ £ÉÃzÀÝg° À è FvÀ£ÀÄ ªÀqU À ÃÉ gÁ ¥Éǰøï oÁuÁ ªÁå¦ÛAiÀÄ°è PÁ£ÀÆ£ÀÄ ¨Á»ÃgÀªÁzÀ ZÀlĪÀnPÉAiÀÄ£ÀÄßAlÄ ªÀiÁqÀĪÀ ªÀÄvÀÄÛ UÀÄgÀ¸t À V UÁæªÀÄzÀ
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NC: 2025:KHC-K:7388 WP No. 203294 of 2025 HC-KAR ¸ÁªÀðd¤PÀjUÀÉ ¨sA À iÀĪÀ£ÀÄßAlÄ ªÀiÁqÀĪÀ ¸Àé¨sÁªÀzª À À¤zÀÄÝ ¸Àzj À AiÀĪÀ£ÄÀ PÁ£ÀÆ£ÀÄ ¨Á»gÀ ZÀlĪÀnPÉAiÀÄ°è ¸ÀQA æ iÀĪÁVzÁÝ£.É ¸Àzj À AiÀĪÀ£À ZÀlĪÀnPÉU¼ À À ªÉÄÃ¯É ¤UÁªÀtÉ EqÀĪÀ CªÀ±ÀåPÀvÉ EzÀÄÝ, ¸Àzj À ªÀåQÛAiÀÄ «gÀÄzÀÞ gËr ¹Ãmï vÉUAÀÉ iÀÄ®Ä C£ÀĪÀÄw ¤ÃqÀĪÀAvÉ ¦J¸ïL ªÀqU À ÃÉ gÁ ¥Éǰøï oÁtÉAiÀĪÀgÀÄ PÉÆÃjPÉÆArzÀÄÝ, ¸Àzj À AiÀĪÀgÀ PÉÆÃjPÉAiÀÄ£ÀÄß ¥ÀjUÀt¸  ÀĪÀAvÉ ¹¦L AiÀiÁzÀVj ªÀÈvÀg Û ª À g À ÀÄ ²¥ÁgÀ¸ÀÄì ªÀiÁrgÀÄvÁÛgÀ.É ¦J¸ïL ªÀqU À ÃÉ gÁ ¥Éǰøï oÁtÉgª À g À À ªÀg¢ À ªÀÄvÀÄÛ ¹¦L AiÀiÁzÀVjgÀªg À À ²¥ÁgÀ¸£ Àì ÀÄß ¸Àºª À ÀÄwÛ¹, F PɼVÀ £ÀAvÉ DzÉñÀ ºÉÆgÀr¸À¯ÁVzÉ.
DzÉñÀ ¸ÀA.20/gËr ²Ãl/ªÉÊJ¸ïr/2022/1246 ¢£ÁAPÀ 10:12:2022
¦ÃpPÉAiÀÄ°è «ªÀj¸À¯ÁzÀ CA±ÀU¼ À À ªÉÄðAzÀ ²æà ¸ÉÊAiÀÄzÀ RĸÉÆÃæ
ªÀ°ªÀůÁè ºÀĸÉä vÀAzÉ ¸ÉÊAiÀÄzÀ CºÀäzÀ ºÀĸÉãÀ ¸ÁB UÀÄ®¸ÀgA À vÁB ªÀqU À ÃÉ gÁ
fB AiÀiÁzÀVj EªÀ£À QæÃAiÀiÁ²Ã®vÉU¼ À £
À ÀÄß ¤AiÀÄAvÀætzÀ°q è ®
À Ä ªÀÄvÀÄÛ ¤UÁ
ªÀ»¸À®Ä CªÀ±ÀåPÀªA É zÀÄ PÀAqÀħAzÀ ªÉÄÃgÀU É ÀÉ PÉ.¦.JªÀiï DzÉñÀ ¸ÀA.1059 gÀ
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æ v
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À AiÀĪÀ£À «gÀÄzÀÞ (¹) gËr
²Ãl vÉgA ÀÉ iÀÄ®Ä C£ÀĪÀÄw ¤ÃqÀ¯ÁVzÉ.
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¥ÉÆð¸ï G¥À-C¢üÃPÀPë g À ÀÄ, AiÀiÁVj G¥À-«¨sÁUÀ, AiÀiÁzÀVj"
The procedure adopted by the respondent-police is therefore clearly contrary to the provisions of Police Manual referred to herein above. The order extracted above is as cryptic as it could be. There is no application of mind on subjective satisfaction of the officer passing the impugned order.
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12. Further though the order is dated 10.12.2022, there has been no revision with regard to the conduct or otherwise of the petitioner. The order at Annexure-D itself reveal that there are three cases filed under Section 107 of Cr.P.C and there is one case in Crime No.93/2022. The said case in Crime No.93/2022 has been quashed by this Court by order dated 17.01.2025. As regards to the other cases in PAR No.10/2021, 48/2021 and 28/2022, as rightly pointed out by the learned counsel for the petitioner are only as preventive measures. The respondents have not furnished any material regarding the petitioner being involved in any case other than what is mentioned in Annexure-D. Apart from there being violation of the provisions of Police Manual, the material placed on record would not justify continuation of the name of the petitioner in the rowdy sheet.
13. Petition is therefore allowed.
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14. The order dated 10.12.2022 passed in No.20- Rowdy-sheet/YSD/2022/1246 by respondent No.3 vide Annexure-D to the writ petition is quashed.
Sd/-
(M.G.S.KAMAL) JUDGE SN List No.: 1 Sl No.: 5 CT:PK